DIVISIONAL CONTROLLER, NEKRTC, BIJAPUR DIVISION REPRESENTED BY ITS CHIEF LAW OFFICER NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION (NEKRTC) Vs. DHULAPPA

JUDGEMENT

(1.) A Public Road Transport Corporation has presented this petition assailing the order dated 19.1.2011 in Application No. 38/2010 of the Presiding Officer, Labour Court, Bijapur, computing in terms of money the arrears of wages and benefits of Rs. 91,324/ - with interest at 9% per annum, from the date of application till payment to the respondent -Driver cum conductor by invoking section 33C[2] of the Industrial Disputes Act, 1947. The only submission of the learned counsel for the Corporation is that petitioner when aggrieved by the Award dated 23.10.2008 in KID No. 23/2007 of the Labour Court, questioned the same in a writ proceeding which was rejected and thereafter writ appeal filed was also rejected and therefore the respondent workman having been reinstated into service is disentitled to any back wages for the period from 1.12.2009 to 31.10.2010.

(2.) THE Industrial Disputes Act, 1947 provides for making an Award by the Labour Court, which is enforceable on the expiry of thirty days from its publication, failing which, it is needless to state that the petitioner is liable to be punished under the Act, by entitling the workman to seek prosecution of the petitioner. Hence, it was for the petitioner to have implemented the Award directing reinstatement of the workman with or without back wages. In that view of the matter, it is too far fetched to contend that the respondent -workman was required to approach the petitioner to be reinstated and having not done so, is not entitled to his wages. Petition without merit, is accordingly rejected .